Lalbabu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38419 of 2022 Arising Out of PS. Case No.-242 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== AKHILESH SHUKLA @ AKHILESH SHUKL S/O RAM PUKAR SHUKLA Resident of Village- Bahilwara, Gangauliya, P.S.- Saraiya, DistrictMuzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38868 of 2022 Arising Out of PS. Case No.-242 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== RAKESH KUMAR S/O SRI CHANDESHWAR DAS Resident of VillageAnandpur Gangliya, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 39709 of 2022 Arising Out of PS. Case No.-242 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== LALBABU PASWAN son of suraj Kumar Resident of Village - Anandpur Gangliya, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 38419 of 2022) For the Petitioner/s :
Mr.Ravi Nandan For the Opposite Party/s :
Ms.Sucheta Yadav (In CRIMINAL MISCELLANEOUS No. 38868 of 2022) For the Petitioner/s :
Mr.Bela Singh For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan (In CRIMINAL MISCELLANEOUS No. 39709 of 2022) For the Petitioner/s :
Mr.Bela Singh For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan ======================================================
2/4 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek bail in connection with Saraiya P.S. Case No. 242/2022 registered for the offences punishable under Sections 272/273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per prosecution case, there is alleged recovery of 1059.840 liters foreign liquor from the house of petitioner, Rakesh Kumar and he was apprehended on the spot. It is alleged recovery of 291.800 illicit liquor from the Bathan of petitioner, Akhilesh Shukla. The petitioners, Akhilesh Shukla and Lalbabu Paswan also apprehended on the spot. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to dirty village politics. Nothing has been recovered from the conscious possession of the petitioners. The petitioners are languishing in custody since 24.04.2022 and bear no criminal antecedent. Learned counsel for the petitioners further submits that the petitioners have neither concerned with the
3/4 seized liquor nor involved in illegal trading of foreign liquor. Seizure list has not been prepared as per law. Learned counsel for the petitioner further submits that there is alleged recovery of 1059.840 liters foreign liquor from the joint family house of the petitioner, Rakesh Kumar. Learned counsel for the petitioners further submits that the alleged Bathan of the petitioner, Akhilesh Shukla was situated outside from the village and there was no any door in the Bathan, so any can hide anything in the Bathan. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.
The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioners.
Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted and keeping in view clean antecedent of petitioners and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Court No.-II, Muzaffarpur in connection with Saraiya P.S. Case No. 242/2022, subject to following
4/4 conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkumar/- U T